April 18, 2002: ACLU-TN Challenges Posting of Ten Commandments in Rutherford County Courthouse

FOR IMMEDIATE RELEASE
April 18, 2002

For more information, contact
Hedy Weinberg, Executive Director (615) 320-7142

ACLU-TN Challenges Posting of Ten Commandments
in Rutherford County Courthouse

On behalf of a coalition of concerned residents, the American Civil Liberties Union of Tennessee (ACLU-TN) today filed a lawsuit challenging the posting of the Ten Commandments in “The Foundation of American Law and Government” display in the Rutherford County Courthouse. The case, ACLU-TN, Anderson et al. v. Rutherford County, was filed in U. S. Federal District Court of Middle Tennessee – Nashville Division.

According to ACLU-TN Executive Director Hedy Weinberg, “It is unfortunate that we have to go to Court to protect religious freedom. We are pursuing this lawsuit on behalf of concerned residents of Rutherford County who want to ensure the constitutional guarantee of separation of church and state in order to decide for themselves whether or not they want to practice a particular religious faith. The posting of the Ten Commandments in the Rutherford County Courthouse broadcasts a divisive message to the religiously pluralistic community of Rutherford County.”

In the lawsuit, ACLU-TN argues that the posting of the Ten Commandments – with or without other accompanying documents – violates the Establishment Clause of the First Amendment, which prohibits government from promoting or supporting religious doctrine. Plaintiffs are requesting a preliminary injunction enjoining the County from continuing to post the Ten Commandments in the County Courthouse and public buildings.

“The Foundation of American Law and Government” display in the Rutherford County Courthouse is identical to a display struck down last year by a Federal District Court in Kentucky. That case is now on appeal to the Sixth Circuit of the United States Court of Appeals. In 2001, in ACLU et al. v. McCreary County et al., the U. S. District Court for the Eastern Division of Kentucky ruled that a “historical documents” display in a county courthouse that included the Ten Commandments was unconstitutional. The display in dispute contained: the Ten Commandments, the Magna Carta, the Bill of Rights, the lyrics to the Star Spangled Banner, the Mayflower Compact, the National Motto, the Preamble to the state constitution, and a drawing and explanation of Lady Justice.

More recently, Tennessee Attorney General Paul Summers issued an opinion stating that the posting of the Ten Commandments in public buildings was unconstitutional.

Plaintiffs include Leann Anderson, Steve Cates, Joan Hill, Dawn Weiss Montgomery, Leon Nuell, Joseph Shaw, and Dale Tipps. ACLU-TN also is a plaintiff on behalf of its members in Rutherford County.

The ACLU-TN cooperating attorneys are George Barrett and Susan L. Kay of Nashville.

ACLU-TN’s lawsuit asks that the Ten Commandments display be taken down in order to protect religious freedom for Rutherford County residents. Weinberg explained that “ACLU-TN brought the lawsuit to ensure that individuals have the right to decide for themselves whether to practice a particular religious faith or to post the Ten Commandments in their homes, businesses or places of worship. Were government to prohibit these postings, ACLU-TN would fight to protect citizens’ right to promote their religious beliefs and practice their religious faiths. That is what we are here for.”

ACLU-TN filed a similar lawsuit January 29 in Hamilton County challenging the posting of the Ten Commandments in the Hamilton County Juvenile Courts Building, the Hamilton County-Chattanooga Courts Building, and the Hamilton County Courthouse. An expedited trial date has been scheduled in that case for April 29.